Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (8) TMI 1320 - AT - Central ExciseValuation - includability - amount of sales tax concession retained by the respondent - Held that:- the issue has been settled by the Hon’ble Apex Court in the Case of Maruti Suzuki India Ltd. Vs. CCE Delhi [2014 (9) TMI 229 - SUPREME COURT] and Super Synotex (India) Ltd. Vs. CCE Jaipur [2014 (3) TMI 42 - SUPREME COURT] wherein Hon’ble Apex Court has held that amount of sales tax concession retained by the respondent is required to be added in the assessable value. Therefore, the issue is no more res integra and we hold that the impugned orders are not correct on merits. Invokation of extended period of limitation - Demand and imposition of penalty - Held that:- as there were view taken by the CBEC Circular and this Tribunal in favour of the respondent which has been negated by the Hon’ble Apex Court in the decision cited. In these circumstances, we hold that extended period of limitation is not invokable. Consequently, demand pertaining to the extended period of limitation which is sought to be demanded from the respondent are set aside. Consequently, the penalties on the respondents are not imposable. - Appeal allowed by way of remand
|